Davenport v. Walker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Borman S. Walker, Ji%, and another, doing business under the firm name of Walker Bros., from so much of an interlocutory judgment of the Supreme Court in part in favor of the plaintiff, entered in the office of the clerk, .of the county of Biclimond on the 14th day of September, 1908, upon the decision of the court, rendered after a trial at the Kings County Special Term, as overrules the defendants’ objection to the complaint and sustains the…
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Appeal by the defendants, Borman S. Walker, Ji%, and another, doing business under the firm name of Walker Bros., from so much of an interlocutory judgment of the Supreme Court in part in favor of the plaintiff, entered in the office of the clerk, .of the county of Biclimond on the 14th day of September, 1908, upon the decision of the court, rendered after a trial at the Kings County Special Term, as overrules the defendants’ objection to the complaint and sustains the plaintiff’s demurrer to the third and fourth defenses contained in the answer.
1Opinion of the Court
Burr, J.;
The plaintiff demurred to two defenses contained in the answer. Upon the argument the sufficiency of the complaint was attacked. *98It demands prior consideration. (Lewis v. Cook, 150 N. Y. 163; Baxter v. McDonnell, 154 id. 432.) The complaint alleges that on December 23, 1901, one Otto Ahlmann was indebted to the defendants in a sum exceeding $70,000. An exhibit attached to the complaint shows that the indebtedness arose in connection with the purchase and sale of stocks and bonds, among which were fifty bonds of the Chicago and Alton Bailroad Company. It alleges that on that day…
2Cases cited11 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Hun v. . CaryNew York Court of Appeals · 1880
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
- Goshen National Bank v. StateNew York Court of Appeals · 1894
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- Mulligan v. AmoAppellate Division of the Supreme Court of the State of New York · 1925